clause 6 of exhibit D1 which was not set out in full by the parties. It provides as follows: " 6. liability 6.1. Carrier shall be responsible to both mask logistics and any customer for any loss, damage or delay caused by the loss, theft, or damage to any goods, containers and/or documents during the period that any such goods, containers and/or documents are in the custody or control of the carrier, his subcontractors or agents, and carrier shall hold harmless and indemnify mask logistics and any customer for any and all responsibility and liability arising out of such loss, damage or delay. 6.2. The period of carriers custody or control shall include the period between the time of acceptance of the goods by the carrier, its employees, agents or subcontractors or employees of such agents or subcontractors until the time of delivery of the goods in accordance with the masts written instructions as evidenced by the written receipt thereof by the customer or other party. It shall also include constructive custody or control by operation of the applicable law. Carrier shall assume the responsibility of a bailee during any such period of custody or control. 6.3. Carrier shall not permit any container and/or goods to leave his custody or control without express written permission from mask logistics, and then only to the extent of such permission. 6.4. Carrier shall assume liability for, defend, indemnify and hold harmless the customer and mask from any liability incurred as a consequence of any action of carrier, its employees, agents or subcontractors or employees of such agents or subcontractors and shall provide the customer and/or mask logistics with whatever evidence either or both of them require in order to bring any claim against contractor and/or to assess their possible exposure for any liabilities. 6.5. Carrier is liable to reimburse Maersk logistics or any customer the full replacement value of any goods and/or container which are lost or damaged whilst in its custody or control. 48

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